RECORD OF PLAN CONFORMANCE AND
CATEGORICAL EXCLUSION (CX) DOCUMENTATION for
CATEGORICAL EXCLUSIONS NOT ESTABLISHED BY STATUTE
Bureau of Land Management (BLM)
BLM Office: Lakeview District, Klamath Falls Resource Area
Lease or Serial #: OROR 35853
Proposed Action Title/Type: ODOT-State Radio Project-Hamaker Amendment and Renewal
NEPA Log #: DOI-BLM-OR-L040-2013-17-CX
Project Location: W.M. (Meridian 33), T40S., R7E., SEC 22, SENE.
A. Background
Description of Proposed Action:
The Oregon Department of Transportation has applied for an amendment to their existing communication site
located on Hamaker Mountain (OROR 35853). State Radio Project (SRP) will be co-locating in the ODOT
facility and requires these upgrades.
The State of Oregon is working to consolidate and upgrade the public safety radio systems used by the
Department of Transportation (ODOT) and Oregon State Police (OSP). The upgraded system will comply
with the mandate from the Federal Communications Commission (FCC) to abandon wideband and switch all
public safety radio systems to narrowband by 2013. ODOT has engaged potential partners, at both the county
and city levels to take advantage of existing infrastructure. The SRP is also working with private system
operators to determine what specific infrastructure opportunities can serve the system coverage and
functionality, as well as the good of the public. Hamaker Mountain has provided critical radio
communications coverage for ODOT Highway Division communications since 1987. ODOT is proposing to
renew and amend its right-of-way (ROW) grant at this site. The proposed amendments will allow the State to
upgrade and consolidate ODOT and OSP equipment to meet the FCC narrow banding requirements. ODOT
is planning to build in 2013.
The current ROW grant is for a microwave and two-way radio site on Hamaker Mountain. ODOT is
requesting to amend and renew the current ODOT Highway division ROW grant for the existing site/facility,
The existing facility consist of a 10’x14’ radio equipment room, 10’x10’ plant room, propane tank, and a 40’
self-supporting tower on the east end of the equipment building. The site also has a wood power pole to the
north of the existing buildings, and commercial power lines to an existing power transformer approximately
100’ to the west. SRP proposes the following actions:
1) Remove the existing ODOT 40’ tower and existing foundation and install a new 100’ tower with
approximately 20’ x 20’ x 9’ concrete foundation in the same place as the existing tower and foundation
2) Install one 6’ dish-type antenna at approximately 90’ and one at approximately 70’ with standard white
covers
3) Install a new 10’ x 14’ equipment-only shelter on the east end of the tower
4) Run new power and telemetry conduits underground from the existing facilities to the new equipment only
shelter
5) Move existing commercial power line underground
6) Perform grounding upgrade to meet Harris requirements
7) Remove the existing wood power pole directly to the north of the plant room
8) Remove the approximately 8’x10’ metal generator shelter
9) Remove existing 500-gallon propane tank and add two (2) 1,000-gallon propane tanks on an 11’x12’
concrete pad
SRP’s replacement tower is 60’ taller than the existing tower. Hamaker Mountain is an active
communications site with multiple users and facilities. The height of the replacement tower is above the
height of the nearest tower which is owned by COBI. While the replacement tower has potential to increase
visual impact, vegetative and topographical screening of the facility will serve to maintain BLM Visual
Resource Management objectives.
The surface of the access road may be worn from construction traffic, but this work will be short in duration.
SRP will restore the road to its present condition after the proposed work is completed. This communication
site has been in place 1982, so the site, as well as the land to the west and east of the existing facility, has
been disturbed previously. Additionally, geo-testing of the site location revealed the ROW sits atop fill; native
soils were not reached until 6 feet deep. The proposed work, including the new equipment shelter,
underground power line, and underground conduit, will also be in areas that have been previously disturbed.
These facilities will be in use 24 hours a day, 7 days a week, year-round. Ownership of the facility will
remain with the ODOT Highway Division.
A. Purpose and Need for the Project:
The purpose of the proposed action is for BLM to grant an amendment to an existing ROW for the
ODOT/Hamaker communication site which requires an upgrade to accommodate co-location of the State
Radio Project.
B. Land Use Plan Conformance
Land Use Plan Name: Klamath Falls Resource Area Resource Management Plan
Date Approved/Amended: June 1995
The proposed action is in conformance with the applicable LUP because it is specifically provided
for in the following LUP decision(s): (Refer to page 66) “Continue to make BLM-administered
lands available for needed rights-of-way where consistent with local comprehensive plans, Oregon
statewide planning goals and rules, and the exclusion and avoidance areas identified in this Resource
Management Plan.
C. Compliance with NEPA
The Proposed Action is categorically excluded from further documentation under the National Environmental
Policy Act (NEPA) in accordance with 516 DM 11.9, Appendix 4, (E) 9. Renewals and assignments of
leases, permits, or rights-of-ways where no additional rights are conveyed beyond those granted by the
original authorizations. And (E)13. Amendments to existing rights-of-way such as upgrading of existing
facilities, which entail no additional disturbance outside the right of way boundary.
This categorical exclusion is appropriate in this situation because there are no extraordinary circumstances
potentially having effects that may significantly affect the environment. The proposed action has been
reviewed, and none of the extraordinary circumstances described in 516 DM 2, Appendix 2 apply. The
following documentation describes whether or not the extraordinary circumstances apply to the project:
CX Extraordinary Circumstances Documentation
Will the proposed categorical exclusion action:
YES
2.1 Have significant impacts on public health or safety.
Rationale: Consulted with field/district office health and safety specialist and no significant impacts were identified.
NO
X
2.2 Have significant impacts on such natural resources and unique geographic characteristics as historic or
cultural resources; park, recreation or refuge lands; wilderness areas; wild or scenic rivers; national natural
X
landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands (Executive Order 11990);
floodplains (Executive Order 11988); national monuments; migratory birds; and other ecologically significant
or critical areas.
Rationale: The project area was reviewed on the ground and resource specialists were consulted and no unique features
are present.
2.3 Have highly controversial environmental effects or involve unresolved conflicts concerning alternative
X
uses of available resources [NEPA Section 102(2)(E)].
Rationale: No highly controversial environmental effects or unresolved conflicts concerning alternative uses of available
resources were identified by resource specialist during project analysis. [NEPA Section 102(2)(E)].
2.4 Have highly uncertain and potentially significant environmental effects or involve unique or unknown
X
environmental risks.
Rationale: No highly uncertain and potentially significant environmental effects or unique or unknown environmental risks
were identified by resource specialist during project analysis.
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2.5 Establish a precedent for future action or represent a decision in principle about future actions with
X
potentially significant environmental effects.
Rationale: BLM resource specialists have determined that this will not establish a precedent for future action, or represent a
decision in principle about future actions with potentially significant environmental effects, because this is a minor and
routine action.
2.6 Have a direct relationship to other actions with individually insignificant but cumulatively significant
X
environmental effects.
Rationale: No direct relationships to other actions with individually insignificant but cumulatively significant environmental
effects were identified by resource specialists during project analysis.
2.7 Have significant impacts on properties listed, or eligible for listing, on the National Register of Historic
X
Places as determined by either the bureau or office.
Rationale: This is an existing right-of-way and has been previously inventoried, monitored for soil tests, and found to be
comprised of deep fill material. Additionally, existing facilities have previously disturbed the ROW.
2.8 Have significant impacts on species listed, or proposed to be listed, on the List of Endangered or
X
Threatened Species, or have significant impacts on designated Critical Habitat for these species.
Rationale: BLM resource specilaists have determined that there will be no significant impacts on species listed, or proposed
to be listed, on the List of Endangered or Threatened Species, or have significant impacts on designated Critical Habitat for
these species.
2.9 Violate a Federal law, or a State, local, or tribal law or requirement imposed for the protection of the
X
environment.
Rationale: Does not violate a Federal law, or a State, local, or tribal law or requirement imposed for the protection of the
environment.
2.10 Have a disproportionately high and adverse effect on low income or minority populations (Executive
X
Order 12898).
Rationale: Review of the project area location shows no disproportionately high and adverse effect on low income or
minority populations (Executive Order 12898).
2.11 Limit access to and ceremonial use of Indian sacred sites on Federal lands by Indian religious
practitioners or significantly adversely affect the physical integrity of such sacred sites (Executive Order
X
13007).
Rationale: Does not limit access to and ceremonial use of Indian sacred sites on Federal lands by Indian religious
practitioners or significantly adversely affect the physical integrity of such sacred sites (Executive Order 13007).
2.12 Contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive
X
species known to occur in the area or actions that may promote the introduction, growth, or expansion of
the range of such species (Federal Noxious Weed Control Act and Executive Order 13112).
Rationale: Refer to Exhibit A (attached) ROW project design features (PDFs) and best management practices (BMPs).
The proposed action would not meet any of the above extraordinary circumstances, or fail to comply with
Executive Order 13212 (Actions to Expedite Energy-Related Projects) – to avoid direct or indirect adverse
impact on energy development, production, supply, and/or distribution, or impact RMP exclusion and
avoidance areas.
Surveys and Consultation
Surveys and/or consultation are not needed for special status plants and animals, for cultural resources, and
other resources as necessary (appropriate fields are Initialed and Dated by responsible resource specialist):
Surveys
SS* Animals
SS* Plants
Cultural Resources
ROWs or Cadastral
Consultation
SS* Animal Consultation
Botanical Consultation
Cultural Consultation
*(SS = Special Status)
Are Completed
Will Be Completed
Is Completed
Will Be Completed
Are Not Needed
SGH 07/29/13
JLF 7/22/13
BMB 7/22/2013
DB 7/8/2013
Is Not Needed
SGH 07/29/13
JLF 7/22/13
BMB 7/22/2013
Contact Person
For additional information concerning this Categorical Exclusion, contactDebora Boudreau, Realty Specialist,
Klamath Falls Resource Area, 2795 Anderson Avenue, Building 25, Klamath Falls, Oregon 97603-7891 or
telephone: 541-885-4150 or email [email protected]
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MAP
EXHIBIT B
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EXHIBIT A
Project Design Features (PDFs) and Best Management Practices (BMPs)
1. To the extent practicable, comply with all existing and subsequently enacted, issued, or
amended Federal laws and regulations and state laws and regulations applicable to the
authorized use.
2. Rebuild and repair roads, fences, and established trails destroyed or damaged by the project
and or use by ROW holder.
3. Build and maintain suitable crossings for existing roads and significant trails that intersect
the project.
4. Do everything reasonable to prevent and suppress wildfires on or in the immediate vicinity of
the right-of-way area.
5. Not discriminate against any employee or applicant for employment during any phase of the
project because of race, creed, color, sex, or national origin. You must also require
subcontractors to not discriminate.
6. Pay monitoring fees and rent described in 43 CFR Sec. 2805.16 of this subpart and subpart
2806 of this part.
7. If BLM requires, you must obtain, and/or certify that you have obtained, a surety bond or
other acceptable security to cover any losses, damages, or injury to human health, the
environment, and property in connection with your use and occupancy of the right-of-way,
including terminating the grant, and to secure all obligations imposed by the grant and
applicable laws and regulations. If you plan to use hazardous materials in the operation of
your grant, you must provide a bond that covers liability for damages or injuries resulting
from releases or discharges of hazardous materials. BLM may require a bond, an increase or
decrease in the value of an existing bond, or other acceptable security at any time during the
term of the grant.
8. Assume full liability if third parties are injured or damages occur to property on or near the
right-of-way (see 43 CFR Sec. 2807.12 of this part).
9. Comply with project-specific terms, conditions, and stipulations.
10. Restore, re-vegetate, and curtail erosion or conduct any other rehabilitation measure BLM
determines necessary.
11. Ensure that activities in connection with the grant comply with air and water quality
standards or related facility citing standards contained in applicable Federal or state law or
regulations.
12. Control or prevent damage to Scenic, aesthetic, cultural, and environmental values, including
fish and wildlife habitat; Public and private property; and Public health and safety;
13. Ensure that you construct, operate, maintain, and terminate the facilities on the lands in the
right-of-way in a manner consistent with the grant.
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14. Notify the Authorized officer of any maintenance or repairs prior to taking any action on the
rights-of-way.
15. When the state standards are more stringent than Federal standards, comply with state
standards for public health and safety, environmental protection, and citing, constructing,
operating, and maintaining any facilities and improvements on the right-of-way.
16. Grant BLM an equivalent authorization for an access road across your land if BLM
determines the reciprocal authorization is needed in the public interest, and the authorization
BLM issues to you is also for road access.
17. Immediately notify all Federal, state, tribal and local agencies of any release or discharge of
hazardous material reportable to such entity under applicable law. You must also notify BLM
at the same time, and send BLM a copy of any written notification you prepared.
18. Not dispose of or store hazardous material on your right-of-way, except as provided by the
terms, conditions, and stipulations of your grant.
19. Certify your compliance with all requirements of the Emergency Planning and Community
Right-to-Know Act of 1986, 42 U.S.C. 11001 et seq., when you receive, assign, renew,
amend, or terminate your grant.
20. Control and remove any release or discharge of hazardous material on or near the right-ofway arising in connection with your use and occupancy of the right-of-way, whether or not
the release or discharge is authorized under the grant. You must also remediate and restore
lands and resources affected by the release or discharge to BLM's satisfaction and to the
satisfaction of any other Federal, state, tribal, or local agency having jurisdiction over the
land, resource, or hazardous material.
21. Comply with all liability and indemnification provisions and stipulations in the grant.
22. As BLM directs, provide diagrams or maps showing the location of any constructed facility.
23. Comply with all other stipulations that BLM may require.
24. Conditions of Approval to Protect Cultural Values
If subsurface cultural resources are unearthed during operations, activity in the vicinity of the
cultural resource will cease and a BLM representative notified immediately. Pursuant to 43
C.F.R. 10.4 the holder of this authorization must notify the authorized officer, by telephone,
with written confirmation, immediately upon the discovery of human remains, funerary
items, sacred objects, or objects of cultural patrimony. Further, the project
leader/operator/permittee/etc. must stop activities in the vicinity of the discovery and protect
it for 30 days or until notified to proceed by the authorized officer. The holder will be
responsible for the cost of evaluation and any decision as to proper mitigation measures that
are made by the authorized officer (BLM).
The project leader/operator/permittee/etc. is responsible for informing all persons associated
with this project that they will be subject to prosecution for knowingly disturbing Native
American Indian shrines, historic and prehistoric archaeology sites, or for collecting artifacts
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of any kind, including historic items and/or arrowheads from Federal lands pursuant to the
1906 American Antiquities Act (P.L. 59-209; 34 Stat. 225; 16 U.S.C. 432, 433), the
Archaeological Resources Protection Act of 1979 (P.L. 96-95; 93 Stat. 721; 16 U.S.C. 470ee
as amended), and/or other federal laws.
25. Wildlife
If it is necessary for construction activities to take place during the bird nesting season (May
15 through August 15), a pre-construction site survey by a qualified Biologist would be
required. If it is determined that nesting birds are present, a buffer zone (100 feet is
recommended for migratory birds) would be established and maintained until the young birds
have fledged.
Raptor Nests
For Bald Eagles and Golden Eagles use the Fish and Wildlife Service Bald Eagle
Management guidelines. Seasonal Restriction period would occur from Jan 1- August 31.
These guidelines can be found at the following web site:
http://www.fws.gov/pacific/eagle/NationalBaldEagleManagementGuidelines.pdf
For all other raptors use the latest information of the critical nesting period for the raptor
species and implement seasonal restrictions from human caused disturbance that may result
in nest failure or abandonment.
26. The Lessee or Right-of-Way (ROW) Holder shall post the lease or ROW Serial Number on
all structures authorized by the lease or grant where practical.
27. Weeds
All vehicles and equipment will be cleaned off prior to operating on BLM lands. Removal of
all dirt, grease, and plant parts that may carry noxious weed seeds or vegetative parts is
required and may be accomplished with a pressure hose.
High concentrations of noxious weeds in the immediate area of mechanical operations shall
be mowed to ground level prior to the start of project activities.
All equipment and vehicles operating off of main roads shall be cleaned off prior to leaving
the job site when the job site includes noxious weed populations. Removal of all dirt, grease,
and plant parts that may carry noxious weed seeds or vegetative parts is required and may be
accomplished with a pressure hose.
28. During the closure period (winter and spring), user will only use the road when it is frozen or
dry and will not use the road wet conditions. If the road is damaged by holder, holder will be
required to pay for road maintenance and/or make adequate repairs to road surface and
drainage features. This is necessary to keep roads in satisfactory condition, prevent excessive
erosion, and to protect the road from winter and spring road use damage. Except in
emergency situations, grantor may suspend the use of roads during periods when the forests
are closed by lawful authority. Grantor may also suspend the use of such roads when, due to
weather conditions, unrestricted use would cause excessive damage to the roads.
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29. You are required to contact the Authorized Officer in the event of a name change or address
change.
30. You are required to contact the Authorized Officer in writing 180 days prior to the expiration
of this grant for renewal or relinquishment procedures.
31. Right-of-Way area shall be free of debris and vegetation will be kept clear of the building
within a 30 foot radius
32. RS 4767.625 requires that every person conducting an operation inside or within one-eighth
mile of forest protection district that uses fire in any form or power driven machinery (50
cubic inch displacement engine or larger) shall first obtain a Permit to Operate Power Driven
Machinery from the Klamath Lake District Oregon Department of Forestry. Operators must
also comply with current fire restrictions based on current industrial fire precaution levels
identified by Oregon Department of Forestry.
Determination for
ODOT-State Radio Project-Hamaker ROW # OROR 35853
#DOI-BLM-OR-L040-2013-017-CX
I have determined that it is appropriate to proceed with the Proposed Action as described in the
attached Categorical Exclusion (CX) and shown on the attached map(s).
Rationale
The Proposed Action has been reviewed by the Klamath Falls Resource Area staff and appropriate
Project Design Features, as specified, will be incorporated into the proposal. The Proposed Action
would not create adverse environmental effects, meet any of the above extraordinary circumstances,
or fail to comply with Executive Order 13212 (Actions to Expedite Energy-Related Projects) – to
avoid direct or indirect adverse impact on energy development, production, supply, and/or
distribution.
Based on the attached NEPA (National Environmental Policy Act) Categorical Exclusion Review, I
have determined the proposed action involves no significant impact to the human environment and
no further environmental analysis is required.
Signature
Authorizing Official:
Donald J. Holmstrom
(signature)
Date: 8/05/2013
Name: Donald J. Holmstrom
Title: Field Manager, Klamath Falls Resource Area
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